Minnesota DWI License Plate Impoundment

Another collateral consequence to a DWI in Minnesota is license plate impoundment. Generally, if this was a first-time DWI, your alcohol concentration was below .16, and there was no child under the age of 16 in the vehicle, plate impoundment should not apply under this statute. But a plate impoundment order can be issued when the case meets the statutory definition of a plate impoundment violation, including a DWI-related license revocation within ten years of a qualified prior impaired driving incident, an alcohol concentration of twice the legal limit or more, a DWI with a child under 16 in the vehicle, certain cancellations or denials as inimical to public safety, or certain ignition interlock violations.

A license plate impoundment order will either be issued at the time of the offense giving rise to the impoundment or sent by mail soon thereafter. The order requires the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation. The commissioner does not issue an impoundment order for the registration plates of a rental vehicle, as defined by the statute, or a vehicle registered in another state. Most times, the plates of the vehicle used in the commission of the offense will be seized by the police at the time of the offense.

If the plates are not seized by the police, a person who receives the notice and order must surrender all applicable plates to a Minnesota police department, sheriff, or the State Patrol within 14 days after the impoundment notice is issued, along with a copy of the impoundment order. During the effective period of the plate impoundment, if the violator applies for registration plates for any vehicle, the commissioner shall not issue registration plates unless the violator qualifies for special registration plates.

There is a temporary vehicle permit for 14 days if the motor vehicle is registered to the violator, or 45 days if the motor vehicle is registered in the name of another, to allow time for the owner to move the vehicle to a safe place off the road while the plates are impounded or until special registration plates are received. A temporary permit is valid only for the vehicle for which it is issued.

Can I Request Administrative Review of a Plate Impoundment Order?

At any time during the effective period of an impoundment order, a person may request an administrative review of the impoundment. There are two scenarios where an innocent owner may get the plate impoundment order rescinded.

First, the owner must provide a sworn statement, using the form available here, stating that: (1) the violator had a valid license at the time of the incident; (2) the owner is the registered owner and current owner and possessor of the vehicle; (3) the date on which the violator obtained the vehicle from the owner; (4) the addresses of the owner and violator when the vehicle was obtained from the owner; (5) the owner was not a passenger in the vehicle at the time of the incident; and (6) the owner knows the violator may not drive, operate, or be in physical control of a vehicle without a valid license.

Second, when the violator did not have a valid license at the time of the incident, the owner must make a report to local law enforcement before the violation stating that the vehicle was taken from the owner’s possession or was being used without permission. Proof of making this report is necessary. And failing to do so will likely result in the State upholding the plate impoundment, regardless of the owner truly being an innocent owner. A person who failed to make the report may be limited to special registration plates for one year from the effective date of the impoundment order before applying for regular plates.

Depending on the case, letters from the owner and violator regarding the circumstances that led to the impoundment order may be beneficial and can be submitted for review.

The commissioner has 15 days after receiving the request to issue its written answer to the request. If you are successful, the commissioner will rescind the plate impoundment order and may authorize the issuance of new plates to the registered owner at no cost, so long as the registered owner’s driving privileges were not revoked as a result of a plate impoundment violation. If the order is rescinded for an owner under the innocent-owner provision, the owner shall receive new registration plates at no cost if the plates were seized and destroyed.

Can I Petition the Court for Judicial Review?

An owner may also petition the court for judicial review of the plate impoundment order. This must be done within 60 days following receipt of the notice and order of impoundment. And this can occur simultaneous to a request for administrative review.

The petition must include the petitioner’s date of birth, driver’s license number, date of the plate impoundment violation, name of the violator, and the law enforcement agency that issued the plate impoundment order. The petition must specify the grounds upon which the petitioner seeks rescission of the plate impoundment order. And it must include proof of service of a copy of the petition on the commissioner.

Grounds for the petition are limited to certain issues, listed in Minn. Stat. 169A.60, subd. 10(c). Generally speaking, the issues include, but are not limited to: whether there is a legal basis for the plate impoundment, whether the officer had probable cause to believe the violator committed the plate impoundment violation, and, in certain cases, whether the evidence demonstrates that the plate impoundment violation occurred.

The judicial review hearing must be held at the same time as any judicial review of the person’s license revocation, if there is one. Importantly, the filing of the petition for judicial review does not stay the impoundment order. The reviewing court may order a stay of the balance of the impoundment period if the hearing is not conducted within 60 days after the filing of the petition for judicial review. The court has 14 days following the hearing to issue its order.

What Are Whiskey Plates?

While the plate impoundment order is in effect, the registered owner or violator may apply for special registration plates, commonly referred to as “Whiskey Plates” because they have a special series of numbers or letters that make them readily identifiable to police officers. Whiskey Plates are essentially available when the registered owner or violator has driving privileges during the impoundment period, but the statute has important limits. The commissioner may not issue new registration plates for the vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order, unless an exception applies.

If the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver’s license. A violator may not apply for new registration plates for a vehicle before the person’s driver’s license is reinstated. The commissioner may issue special plates on payment of a $50 fee for each vehicle, except that a person who becomes a participant in the ignition interlock program may request new registration plates upon payment of a $100 fee for each vehicle under the ignition interlock provision.

Can I Sell a Vehicle Subject to a Plate Impoundment Order?

There are restrictions on a registered owner’s ability to sell a vehicle subject to the plate impoundment order. The following must be demonstrated to the commissioner in order for the sale to be valid:

1. The sale is for valid consideration;
2. The purchaser is not a family or household member of the registered owner;
3. The purchaser signs a sworn statement with the commissioner stating:
   1. The purchaser is not a family or household member of the violator;
   2. The purchaser understands that the vehicle is subject to the impoundment order; and
   3. The purchaser understands that it is a crime to file a false statement or to allow the previous registered owner to drive, operate, or be in control of the vehicle during the impoundment period; and
4. All elements of Minn. Stat. 168A.10 regarding transfer of interest by owner are satisfied.

What Are the Penalties for Violating a Plate Impoundment Order?

Criminal penalties for violating Minnesota’s plate impoundment law are governed by Minn. Stat. 169A.37. Violations can include failing to comply with the impoundment order, filing a false statement, operating a vehicle subject to the plate impoundment order without required special registration plates, failing to notify the commissioner of the impoundment order when requesting new plates, operating a vehicle during the impoundment period when the person is subject to a plate impoundment order and does not qualify for an exception, or allowing the previous registered owner to operate the vehicle after purchase and signing the sworn statement described above.

For more on Minnesota’s DWI law, click here.